in the Interest of L.T., Children ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00021-CV
In the Interest of L.T. ET AL, Children
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01683
Honorable Charles E. Montemayor, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
Delivered and Filed: March 14, 2018
DISMISSED FOR LACK OF JURISDICTION
On January 9, 2018, Associate Judge Charles Montemayor signed an order terminating
Appellant’s parental rights to her children. On January 10, 2018, Appellant filed a notice of appeal.
On January 11, 2018, Appellant timely filed a request for a de novo hearing to the referring court.
On March 7, 2018, Appellant filed a Withdrawal of Notice of Appeal, stating that because the de
novo hearing is currently pending in the trial court, no final order has been entered in this case.
Generally, an appeal may be taken from a final judgment only. Lehmann v. Har-Con Corp.,
39 S.W.3d 191, 196 (Tex. 2001). Because Appellant filed a request for a de novo hearing,
Appellant’s notice of appeal is premature as there is no final judgment in the underlying case. See
C.R.-A.A., 2016 WL 6238327, at *1 (“[A]n associate judge’s recommendation is not a final,
appealable order when a request for a de novo hearing is timely filed.”).
04-18-00021-CV
Accordingly, we conclude this court does not have jurisdiction over Appellant’s attempted
appeal. We grant Appellant’s motion to withdraw the notice of appeal, and we dismiss this appeal
for lack of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We deny any other pending motions
as moot.
PER CURIAM
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